Reported by: Ijeoma G | Edited by: Oravbiere Osayomore Promise.
The Independent Corrupt Practices and Other Related Offences Commission (ICPC) has asked the Federal High Court in Abuja to dismiss a N1 billion fundamental rights suit filed by former Kaduna State Governor Nasir El-Rufai over alleged restrictions on access to his family members while in detention.
The suit, marked FHC/ABJ/CS/1852/2026, was filed by El-Rufai on August 13 against the ICPC, its Chairman, Musa Aliyu, and the Attorney-General of the Federation (AGF), Lateef Fagbemi.
El-Rufai is seeking N1 billion in damages, alleging that his wife, Aichatou Asabe, and his son, Abba El-Rufai, were prevented from visiting him while he was in ICPC custody. He also asked the court to declare that his fundamental rights under Part IV of the 1999 Constitution remain applicable despite his detention.
In its joint counter-affidavit, the ICPC and its chairman rejected several of the former governor’s claims, describing them as false.
The commission maintained that El-Rufai was being held in lawful custody pursuant to an order of the Federal High Court in Kaduna in charge number FHC/KD/73C/2025.
According to the counter-affidavit, ICPC facilitated a medical visit for El-Rufai on July 7 after the Kaduna court permitted him access to his personal physician. The commission said the visit was accompanied by its officers and El-Rufai’s wife.
The commission, however, alleged that security concerns subsequently arose around access to its facility. It said it therefore temporarily restricted Aichatou Asabe’s access while an investigation and security review were ongoing.
ICPC further claimed that other members of El-Rufai’s family, including his son, had been allowed to visit him on several occasions after the incident and had brought him food, medication and other necessary supplies.
The commission attached its visitors’ log to the counter-affidavit as evidence of the visits.
ICPC also gave an account of an incident involving Abba El-Rufai on July 7. According to the commission, he arrived at its premises intending to visit his father but was asked to remain in the waiting area while officers established the purpose of his visit.
The agency alleged that the situation later became tense and that Abba attempted to gain access to the facility. It said the incident was captured on its closed-circuit television cameras.
The commission further alleged that an earlier security breach occurred on July 4, when Aichatou Asabe was brought into the facility after official visiting hours. It said officers allegedly involved in facilitating the visit were subjected to disciplinary proceedings.
ICPC argued that the measures restricting access were security protocols intended to prevent further breaches and were not designed to completely isolate El-Rufai from his family.
The Attorney-General of the Federation has also asked the court to dismiss the suit.
In his separate counter-affidavit, Fagbemi argued that the AGF was not responsible for El-Rufai’s detention or the management of the ICPC facility and therefore could not be held liable for the alleged denial of access to his family.
The AGF also argued that a previous court order relied upon by El-Rufai directed the ICPC to allow him access to his counsel and personal physician, but did not specifically require access to his wife or other family members.
The Federal Government further maintained that the ICPC had the authority to establish security protocols within its facilities to prevent breaches.
The case has been assigned to Justice Chigozie Onah of the Federal High Court in Abuja.
The latest development does not amount to a judicial determination that El-Rufai’s allegations are unfounded. Rather, the ICPC and the AGF have presented their respective defences and are asking the court to dismiss the former governor’s claims.
The court is therefore expected to determine the competing arguments and whether the restrictions complained of amounted to a violation of El-Rufai’s fundamental rights.
El-Rufai remains in ICPC custody as the legal proceedings continue.
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